09/12/2007 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Heather Puopolo 2 Board of Appeals 53 Tobisset Street V-07-58 with no impact on any abutters. There have been no comments from any abutters on this matter at any time. They inform Mr. Zerosky that in the future he must use a registered land surveyor to measure to measure out his pools. The Board makes a motion to grant a 23-foot frontyard setback variance. VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. GENERAL FINDINGS 1. that the subject property is located at 53 Tobisset Street and contains 19,734 square feet. SPECIFIC CRITERIA The Board determined that: 1. the subject property has an unusual shape and therefore the circumstances relating to the shape and topography affect the subject lot and not the district in which it is located. 2. the size of the lot is consistent with the size of other developed lots in the neighborhood; therefore, relief may be granted without detriment to the public good. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on November 28, 2007 to grant an amended 23 foot setback variance on the property located at 53 Tobisset Street. The Variance is conditioned on plans from Cape & Islands Engineering, dated September 30, 2005.